Terms of Service

A Plus' products and services are provided by A Sharp Inc. (“company”, “our”, “ours”, “us”, or “we”), subject to the following conditions. These Terms of Service ("Terms") govern your access to and use of our website, products, and services ("service"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our service you agree to be bound by these Terms and by our Privacy Policy.

Site use

You may use our service only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws. When you create your account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our service may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those parts of our service, and these Terms will apply to such upgrades.

Acceptable use

You agree not to post content that:

is sexually explicit or pornographic

creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal

may create a risk of any other loss or damage to any person or property

seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

violates, or encourages any conduct that violates laws or regulations

contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable

contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets)

contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or

is fraudulent, false, misleading, or deceptive.

You agree not to engage in any of the following prohibited activities:

Use, display, mirror or frame our service, any individual element within our service, our name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent

Republication, reproduction, downloading, or any other use of the images, video, audio, or other media appearing on our site or in relation to our content. This includes but is not limited to images licensed from third parties.

Access, tamper with, or use non-public areas of the service, our computer systems, or the technical delivery systems of our providers

Attempt to probe, scan, or test the vulnerability of our system or network or breach any security or authentication measures

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect our content

Attempt to access or search our service or scrape or download user content or our content from our service or otherwise use, upload content to, or create new links, reposts, or referrals in our service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers

Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation

Use any meta tags or other hidden text or metadata utilizing any of our trademarks, logos, URLs, or product names without our express written consent

Use our service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by us or in any manner not permitted by the Terms

Use our user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the service to send altered, deceptive or false source-identifying information

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the service

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our service

Collect or store any personally identifiable information from the service from other users of the service without their express permission

Impersonate or misrepresent your affiliation with any person or entity

Violate any applicable law or regulation

Request, collect or store username, password, token or any other account authentication information from other users

Encourage or enable any other individual to do any of the activities prohibited in this section

We reserve the right, but are not obligated, to remove any user content for any reason or for no reason, including content that we believe violates the Terms. We may also permanently or temporarily terminate or suspend a user account without notice and liability for any reason, including if, in our sole determination, a user violates any provision of our Terms, or for no reason.

License

Subject to your compliance with these Terms, we or our content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the service. This license does not include any resale or commercial use of any service, or their contents; any collection and use of any product listings, descriptions, reviews, specifications, or prices; any derivative use of any part of our service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No part of our service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of ours (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. The licenses granted by us terminate if you do not comply with these Terms.

Your Content

Users may submit reviews, photos, suggestions, ideas, comments, questions, or other information (“content”) so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address or false facebook account, impersonate any person or entity, or otherwise mislead as to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

Following termination or deactivation of your account, or if you remove any content from our service, we may retain your content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, we and our users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your content that other users have stored or shared through our service.

Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

We will respond expeditiously to claims of copyright infringement committed on our service that are reported to our Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to our designated Copyright Agent. Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the service.

DMCA Notice of Alleged Infringement ("Notice").

Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the site where such reference or link may be found.

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our designated Copyright Agent:

Copyright Agent
A Plus
79 Madison Ave, Fl 2
New York, NY 10016

or

copyright@aplus.com

Security

We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

Third-Party Links, Sites, and Services

Our service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from our service, you do so at your own risk and you agree that we will have no liability arising from your use of or access to any third-party website, service, or content.

Feedback and Comments

We value hearing from our users, and are always interested in learning about ways we can make our service better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, we do not waive any rights to use similar or related feedback previously known to us, or developed by our employees, or obtained from sources other than you.

Termination

We may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 4 and 9-15 of these Terms.

Indemnity

If you use our service in violation of these Terms, determined in our sole and absolute discretion, you agree to indemnify and hold harmless us and our officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our service, (b) your user content, or (c) your breach of any of these Terms.

Disclaimers

Our service and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We take no responsibility and assume no liability for any content that you or any other user or third party posts or transmits using our service. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

Arbitration

For any dispute you have with us, you agree to first contact us through email (support@aplus.com) and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless we agree otherwise with you, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, WE AND YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or the United States District Court for the Northern District of California, for any actions not subject to section 13 (Arbitration).

Our service is controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

General Terms

Notification Procedures and changes to these Terms. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the service.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with APlus in connection with the service, shall constitute the entire agreement between you and us concerning the service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.